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AN ORDINANCE AMENDING ORDINANCE NO. 08 -150 WHICH AMENDED <br />ORDINANCE NO. 465, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL —1 <br />ACRE (A -la) TO NEIGHBORHOOD COMMERCIAL — 7,500 SQUARE FEET (CN -7.5) <br />AT KEALAKEKUA, SOUTH KONA, HAWAII, COVERED BY TAX MAP KEY 8 -2- <br />013:PORTION OF 002. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Ordinance No. 08 -150 is amended as follows: <br />"SECTION 1. Section 25 -8 -4, Article 8, Chapter 25 (Zoning Code) of the Hawai`i <br />County Code 1983 (2005 Edition), is amended to change the district classification of property <br />described hereinafter as follows: <br />The district classification of [the following area] Tax Map Key: 8- 2- 013:Portion <br />of 002 situated at Kealakekua, South Kona, Hawai`i, shall be Neighborhood Commercial — 7,500 <br />square feet (CN -7.5) [:] <br />SECTION 2. In accordance with Section 25 -2 -44, Hawai`i County Code 1983 (2005 <br />Edition), the County Council finds the following conditions are: <br />(1) Necessary to prevent circumstances which may be adverse to the public health, <br />safety and welfare; or <br />(2) Reasonably conceived to fulfill needs directly emanating from the land use <br />proposed with respect to: <br />(A) Protection of the public from the potentially deleterious effects of the <br />proposed use, or <br />(B) Fulfillment of the need for public service demands created by the proposed <br />use. <br />A. The applicant, its successors or assigns shall be responsible for complying with all <br />of the stated conditions of approval. <br />B. Prior to the issuance of a water commitment by the Department of Water Supply, <br />the applicant shall submit the anticipated maximum daily water usage calculations <br />as recommended by a registered engineer, and a water commitment deposit in <br />